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Local institutions among the Anglo-Saxons.-Divisions of territory;
their origin and double object.-Internal police of these local
associations.-Importance of the county-courts; their composi-
tion and attributes. Complex origin of the Jury.-Central
institutions of the Anglo-Saxons.-The Wittenagemot; its com-
position, and the principle on which it was based.-Increasing
preponderance of the large landowners in the Anglo-Saxon
monarchy
Page
41
LECTURE V.
The Wittenagemot; its business and power.-Method of its con-
vocation.-Vicissitudes of its character and importance.-The
kingly office among the Anglo-Saxons.-Extent and progress of
the royal power.
LECTURE VI.
The true principle of representative government.-Error of classi-
fying governments according to their external forms.-Montes-
quieu's error with respect to the origin of the representative
system. Necessary correlation and simultaneous formation of
society and government.-Rousseau's mistaken hypothesis of
the social contract.-The nature of rightful sovereignty.-Con-
fused and contradictory ideas entertained on this subject.-
Societies, as individuals, possess the right of being placed under
laws of justice and reason.-Governments ought to be continu-
ally reminded of their obligation to inquire into and conform to
these laws.-Classification of governments on this principle
LECTURE VII.
-
Comparison of the principles of different governments with the
true principle of representative government. Aristocratic
governments. Origin and history of the word aristocracy.-
Principle of this form of government; its consequences.-How
the principle of representative government enters into aristo-
cratic governments. - Democratic governments. — Origin_and
consequences of the principle of the sovereignty of the people.-
This principle not identical with that of representative govern-
ment. In what sense representative government is the govern-
ment of the majority
LECTURE VIII.
65
The forms of a government are related to its principle, but are swayed by circumstances, and vary according to different degrees
CONTENTS.
of civilization.-What are the forms essential to a represen-
tative government?-1st. Division of powers; why absolutely
essential to the principle of representative government;-2nd.
Election;-3rd. Publicity
LECTURE IX.
Primitive institutions of the Franks.-Sketch of the history of the
Frankish monarchy.-The Franks in Germany. Their settle-
ment in Belgium and in Gaul.-Character and authority of their
chiefs after their establishment in the Roman Empire.—Early
Frankish chieftains.-Clovis: his expeditions, wars, and con-
quests. Decisive preponderance of the Franks in Gaul.
LECTURE X.
xi
76
Division of territory among the sons of the Frankish kings.—
Rapid formation and disappearance of several Frank kingdoms.
-Neustria and Austrasia; their geographical division.-Early
predominance of Neustria. Fredegonde and Brunehaut.-Ele-
vation of the Mayors of the Palace.-True character of their
power. The Pepin family.-Charles Martel.-Fall of the Mero-
vingians.
82
86
LECTURE XI.
General character of events under the Carlovingian Empire.—
Reign of Pepin the Short.-Reign of Charlemagne.—Epoch of
transition. - Reigns of Louis the Débonnair and Charles the
Bald.-Norman invasions.-The last Carlovingians.-Accession
of Hugh Capet
LECTURE XII.
Ancient institutions of the Franks.-They are more difficult of
study than those of the Anglo-Saxons.-Three kinds of landed
property; allodial, beneficiary, and tributary lands.—Origin of
allodial lands.-Meaning of the word allodium.-Salic land
amongst the Franks.-Essential characteristics of the allods
LECTURE XIII.
Origin of military service; its cause and limits. It was made a
general obligation by Charlemagne.—Allodial lands were origi-
nally exempt from taxation.-Origin of benefices.-Change in
the position of the German chiefs in consequence of their terri-
torial settlement. Their wealth.-No public treasury.-The
94
103
ærarium and fiscus of the old Roman republic.-Formation of
the private domain of the kings of France.-Character of bene-
fices.-Error of Montesquieu on this subject
LECTURE XIV.
Proofs of the co-existence of various modes of conferring benefices,
from the fifth to the tenth century. Of benefices that were
absolutely and arbitrarily revocable.-Of benefices conceded for
a limited time; the precaria.-Of benefices granted for life.—
Of benefices granted hereditarily.-General character of the
concession of benefices.-Their tendency to become hereditary.
-Its prevalence under Charles the Bald.-Military service.—
Judicial and domestic service.-Origin, meaning, and vicissi
tudes of the fidelity due by the vassal to his lord
LECTURE XV.
. 109
. 116
Of benefices conceded by great landowners to men dependent
upon them :-First, benefices conceded for all kinds of services,
and as a mode of paying salary; Secondly, larger proprietors
usurp the lands adjoining their own, and bestow them as bene-
fices on their subordinates; Thirdly, the conversion of a great
number of allodial lands into benefices, by the practice of recom
mendation.-Origin and meaning of this practice.-Permanence
of freeholds, especially in certain parts of the Frankish monarchy.
-Tributary lands.-Their origin and nature. Their rapid ex-
tension its causes.-General view of the condition of territorial
property, from the sixth to the eleventh century: First, diffe-
rent conditions of territorial property; Secondly, the individual
dependence of territorial property; Thirdly, the stationary con-
dition of territorial wealth.-Why the system of beneficiary pro
perty, that is to say, the feudal system, was necessary to the
formation of modern society and of powerful states
:
LECTURE XVI.
. 124
Of the state of persons, from the fifth to the tenth century.-Im-
possibility of determining this, according to any fixed and
general principle.-The condition of lands not always correspon-
dent with that of persons.- Variable and unsettled character of
social conditions.-Slavery.-Attempt to determine the cordi
tion of persons according to the Wehrgeld.-Table of twenty-one
principal cases of Wehrgeld.-Uncertainty of this principle.-
The true method of ascertaining the condition of persons
132